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THE MINISTRY OF
AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No.
29/2015/TT-BNNPTNT
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Hanoi, September
04, 2015
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CIRCULAR
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE CIRCULAR No. 66/2011/TT-BNNPTNT
DATED OCTOBER 10, 2011 DETAILING A NUMBER OF THE GOVERNMENT’S DECREE No.
08/2010/NĐ-CP DATED FEBRUARY 05, 2010 ON MANAGEMENT OF ANIMAL FEEDS
Pursuant to the Government's Decree No.
08/2010/NĐ-CP dated February 05th 2010 on the management of animal feeds;
Pursuant to the Government's Decree No.
199/2013/NĐ-CP dated November 26, 2013 defining the functions, tasks,
entitlements and organizational structure of the Ministry of Agriculture and
Rural Development;
Pursuant to the Government's Decree No.
181/2013/NĐ-CP dated November 14, 2013 detailing the implementation of a number
of the Law on Advertising;
At the request of General Director of
Directorate of Fisheries, the Director of the Department of Livestock
Production,
The Minister of Agriculture and Rural
Development promulgates the Circular amending and supplementing a number of
articles of Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 detailing a
number of the Government’s Decree No. 08/2010/NĐ-CP dated February 05, 2010 on
the management of animal feeds.
Article 1. Amending,
supplementing and annulling a number of articles of the Circular No.
66/2011/TT-BNNPTNT dated October 10, 2011 detailing a number of articles of the
Government’s Decree No. 08/2010/NĐ-CP dated February 05, 2010 on the management
of animal feeds that have been amended and supplemented in Circular No.
50/2014/TT-BNNPTNT dated December 24, 2014 (hereinafter referred to as Circular
No. 66/2011/TT-BNNPTNT) as follows:
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“1. Animal feeds eligible for sale in Vietnam are
the animal feeds that have been recognized as eligible for sale in Vietnam by
Directorate of Fisheries or the Department of Livestock Production after
approval is issued by the Minister of Agriculture and Rural Development.
Directorate of Fisheries and the Department of Livestock Production shall be
responsible for carrying out monthly compilation and announcement of the list
of animal feeds allowed to be circulated in Vietnam on the portals of
Directorate of Fisheries, the Department of Livestock Production and the
Ministry of Agriculture and Rural Development.
Time for circulation of animal feeds in Vietnam is
five years since the date of recognition. Six months before the circulation
date expires, any organization or individual that has demands may make
registration with Directorate of Fisheries or the Department of Livestock
production”
2. Point c, Clause 2, Article 5 is amended and
supplemented as follows:
“c) Test results on domestic animals recognized by
Directorate of Fisheries or the Department of Livestock production (only new
animal feeds are applied).”
3. Phrase “Test results on complete mixture of
animal feeds" in the forth line of Point c, Clause 3, Article five is
hereby annulled.
4. Point b, Clause 5, Article 5 is amended and
supplemented as follows:
“b) Within no more than three working days since
receipt of applications, Directorate of Fisheries or the Department of
Livestock Production shall be responsible for inspecting composition of the
applications and making written notice to organizations and individuals as
applicants for amendments or supplements upon detection of anything
unsatisfactory.”
5. Point c, Clause 5, Article 5 is amended and
supplemented as follows:
“c) Within no more than 12 working days since
receipt of eligible applications, Directorate of Fisheries or the Department of
Livestock production shall be responsible for appraising applications and
issuing recognition for circulation of animal feeds in Vietnam (See Form as
prescribed in Appendix 4A enclosed herewith) upon receipt of written approval
from the Minister. Otherwise, Directorate of Fisheries or the Department of
Livestock production shall issue a written notice stating the reasons.”
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“b) Within no more than three working days since
receipt of applications for recognition of quality, Directorate of Fisheries or
the Department of Livestock production shall be responsible for inspecting
applications and making written notice to organizations and individuals as
applicants for amendments or supplements upon detection of anything
unsatisfactory.”
Within no more than 12 working days since receipt
of eligible applications, Directorate of Fisheries or the Department of
Livestock Production shall be responsible for appraising applications and
issuing recognition for circulation of animal feeds in Vietnam (See Form as
prescribed in Appendix 4A enclosed herewith) upon receipt of written approval
from the Minister. Otherwise, Directorate of Fisheries or the Department of
Livestock production shall issue a written notice stating the reasons.”
7. Point a, Clause 2, Article 21a is amended and
supplemented as follows:
“a) Manner of inspection: application-based
inspection, organoleptic inspection and sampling shall be used to analyze at
least one criterion for safety and one criterion for quality under applied
standards or corresponding national technical regulations ensuring safety and
quality of products are adequately evaluated. Appointed inspection agencies and
organizations must determine particular criteria and be responsible for results
of inspection and assessment of quality and safety of animal feeds."
8. “Analysis method” as prescribed in Appendix 19
is amended as follows: “Specified in Clause 7, Article 1 hereof.”
Article 2. Supplements to
Chapter IVa of Article No. 66/2011/TT-BNNPTNT as follows:
“Chapter IVa
ADVERTISEMENT OF ANIMAL FEEDS
Article 29a. Advertisements of animal feeds
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a) Name of animal feeds;
b) Origin of raw materials for processing;
c) Names and addresses of organizations and
individuals responsible for launching products to the market.
2. Advertisements of animal feeds must be approved
by competent agencies as prescribed in Article 29b hereof.
Article 29b. Authority to issue Certificates of
Confirmations on Advertisement Copy (hereinafter referred to as the
Certificate) for animal feeds
1. Directorate of Fisheries, the Department of
Livestock production shall issue the Certificate for animal feeds that are to be
advertised on:
a) Print media, portals, electronic devices,
terminal devices, telecommunication and technological devices, printed
materials, audio and video recordings centrally owned and published across the
country;
b) Trade fairs, workshops, conferences, events,
exhibitions, cultural and sporting programs across the country;
2. The Branch of Fisheries, Branch of Livestock
Production and Veterinary Medicine shall issue Certificate for animal feeds
that are to be advertised on:
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b) Billboards, banners, signboards, LED advertising
screens...;
c) Traffic vehicles;
d) Trade fairs, workshops, conferences, events,
exhibitions, cultural and sporting programs at local level;
dd) Advertisement transmitters, advertising
objects;
e) Other advertising media as prescribed;
Article 29c. Applications, order and procedures
for issuance of the Certificate for animal feeds
1. Applications
a) Application form as prescribed in Article 27
enclosed herewith;
b) Copy of written recognitions for circulation of
animal feeds in Vietnam (for applications sent to local competent agencies, a
certified true copy must be included. If direct submission is made, originals
must be included for comparison).
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d) Written explanation of advertisement copy
(advertisement copy, advertising media, location and duration)
2. Submission of applications
a) Organizations and individuals may submit
applications directly or by post to competent state administration agencies as
prescribed in Article 29b hereof;
b) Quantity of applications: One set
3. Scrutiny and issuance of the Certificate for
animal feeds;
a) Within no more than three working days since
receipt of applications, competent state administration agencies as prescribed
in Article 29b hereof shall be responsible for inspecting applications and
making written notice to organizations and individuals as applicants for
amendments or supplements upon detection of anything unsatisfactory.”
b) Within no more than 10 working days since
receipt of eligible applications, Directorate competent state administration
agencies as prescribed in Article 29b hereof shall be responsible for issuing
the Certificate according to Form as prescribed in Appendix 28 enclosed
herewith. Otherwise, competent state administration agencies must issue a
written notice stating the reasons.
Article 3. Effect
This Circular takes effect since September 04,
2015.
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Chief of the Ministry Office, general directors of
Directorate of Fisheries, the Director of the Department of Livestock
Production, Director of the Services of Agriculture and Rural Development of
central-affiliated cities and provinces, heads of units affiliated to
Ministries and relevant organizations and individuals shall be responsible for
executing this Circular./.
THE MINISTER
Cao Duc Phat
APPENDIX 27
APPLICATION FORM FOR CONFIRMATIONS ON ADVERTISEMENT COPY
FOR ANIMAL FEEDS (Enclosed with Circular No. 29/2015/TT-BNNPTNT dated
September 04, 2015 of the Ministry of Agriculture and Rural Development)
Name of
Organization or Individual
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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…, dated... …
WRITTEN FORM FOR
CONFIRMATIONS ON ADVERTISEMENT COPY FOR ANIMAL FEEDS
Respectfully
addressed to: Name of Competent Agency
Name of Organization or Individual applying for
confirmations:
Address:
Phone number: Fax:
E-mail:
Operation License No.: ....
Full name and phone number of the person as an
applicant hereby respectfully requests (Name of Competent Agency) to consider
and confirm the advertisement copy for animal feeds as follows:
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Name of animal
feeds
Product code
Recognition
code
Name and
address of manufacturer
Advertising
media
1.
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…
We hereby undertake to advertise the product in
accordance with advertisement copy as confirmed and fully comply with
provisions as set out in abovementioned legislative documents and other
provisions set out in the Law on Advertising. We shall be also responsible to
the laws for any information wrongly advertised.
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Representative
of Organization or Individual (Signature and stamp)
APPENDIX 28
THE CERTIFICATE
(Enclosed with Circular No. 29/2015/TT-BNNPTNT dated September 04, 2015 of
the Ministry of Agriculture and Rural Development)
Name of
Governing Body, Competent Agency giving confirmations on advertisement copy
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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…, Dated.......
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(Name of Competent Agency)......hereby
confirms:
Name of Organization or Individual (that gives
confirmations):...
Address:
Phone number:.....................Fax:.....
Fax........................................E-mail:....
Advertisement copy of animal feeds as
specified below is confirmed to be in full compliance with applicable
regulations.
No.
Name of animal
feeds
Product code
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Name and
address of manufacturer
Advertising
media
1.
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Organization or Individual shall be responsible for
advertising the product according to the advertisement copy as confirmed./.
HEAD OF THE
UNIT
(Signature and stamp)